Spouse Visa To Spain

[philip81]

I am moving to spain for work, being British there is no problem to do so. As far as I can see my Thai wife has every right to come with me. We seem to have hit a snag though. Because we were married in Thailand, the Spanish embassy say they require the marriage to be legalised in my country. We tried that in Engalnd, but according to the Births, Marriages and Deaths registrar it doesn't rquire legalising and therefore they don't do it.

Has anyone else experienced this problem? We are following the directives on the Spanish embassy site and have had the official translation of the certificate legalised by the Thai ministry and we are going to pick up a letter at the British embassy certifying that they acknowledge this. But the embassy here do not show that the wedding is legal in England either.

A Thai man at the Spanish embassy pointed out to my wife that this was going to be a problem for us and it might be better to apply for a 90 day shengen visa and then apply for residency in Spain. Not sure about that though, because in England when we tried that she was told to go back to Thailand and apply for the 2 year spouse visa, she could not apply whilst on a tourist visa( she did that and was given the spouse visa no problem). Anyway any thoughts from anyone?

[vinny]

From Guidance for British Nationals Wishing to Marry in Thailand:

# The marriage will only be recognised under UK law if it is valid under Thai law. For it to be valid in Thai law, the marriage must be registered with the Registrar at an Amphur Office (District Office). A list of some Amphur offices in Bangkok and upcountry is attached.

# The Thai marriage certificate will be in Thai only. You may wish to commission a “sworn translation” of the marriage certificate from a translation bureau, so that you may use the document for legal purposes in the UK.

# Consular Section can arrange for your marriage to be recorded in the UK; please ask us for further details if you wish us to do so. This is not a legal obligation, it is for statistical purposes and if you lose a copy of your certificate only.

You should be applying under directive 2004/38/EC.

Edited October 26, 2006 by vinny

[sting01]

I am moving to spain for work, being British there is no problem to do so. As far as I can see my Thai wife has every right to come with me. We seem to have hit a snag though. Because we were married in Thailand, the Spanish embassy say they require the marriage to be legalised in my country. We tried that in Engalnd, but according to the Births, Marriages and Deaths registrar it doesn't rquire legalising and therefore they don't do it.

Has anyone else experienced this problem? We are following the directives on the Spanish embassy site and have had the official translation of the certificate legalised by the Thai ministry and we are going to pick up a letter at the British embassy certifying that they acknowledge this. But the embassy here do not show that the wedding is legal in England either.

A Thai man at the Spanish embassy pointed out to my wife that this was going to be a problem for us and it might be better to apply for a 90 day shengen visa and then apply for residency in Spain. Not sure about that though, because in England when we tried that she was told to go back to Thailand and apply for the 2 year spouse visa, she could not apply whilst on a tourist visa( she did that and was given the spouse visa no problem). Anyway any thoughts from anyone?

As I just stated, laws in continental europe differ with laws in UK.

Yes, you wife must have a 3 month visa, then apply for residence WHEN in Spain (usually a trip to the Guardia civil will do it very well).

[vinny]

See also

II. Requirements to apply for a visa to join a family member who is Spanish, a national an European Union country, Iceland, Liechtenstein and Norway.

[LaReina]

The spanish embassy in Bangkok have some really weird and all I can say is jealous people in that office. Basically I don't think they want any one going to their country.

They will give you hel_l about your marriage and delay the visa. HOWEVER, you can always apply for the family permit. Basically they can not deny the right to have your family at your side. It is not a visa, but will allow your spouse to be with you in Spain, and I think it costs nothing.

It is in one of the posts that you can only read and not add a reply to.

Or you can try and get an entry visa from the UK

Edited October 26, 2006 by LaReina

[philip81]

From Guidance for British Nationals Wishing to Marry in Thailand:

# The marriage will only be recognised under UK law if it is valid under Thai law. For it to be valid in Thai law, the marriage must be registered with the Registrar at an Amphur Office (District Office). A list of some Amphur offices in Bangkok and upcountry is attached.

# The Thai marriage certificate will be in Thai only. You may wish to commission a “sworn translation” of the marriage certificate from a translation bureau, so that you may use the document for legal purposes in the UK.

# Consular Section can arrange for your marriage to be recorded in the UK; please ask us for further details if you wish us to do so. This is not a legal obligation, it is for statistical purposes and if you lose a copy of your certificate only.

You should be applying under directive 2004/38/EC.

[philip81]

Vinny I would like some more advice from you re the consular section. I have just been there and they said they cannot do what you have now said they do. All they did was to legalise the thai ministry stamps etc. I have already registered at the amphur when we married. Seema to me that what we need is confirmation that the wedding is recorded in england. Can you advise further please

[sting01]

The spanish embassy in Bangkok have some really weird and all I can say is jealous people in that office. Basically I don't think they want any one going to their country.

They will give you hel_l about your marriage and delay the visa. HOWEVER, you can always apply for the family permit. Basically they can not deny the right to have your family at your side. It is not a visa, but will allow your spouse to be with you in Spain, and I think it costs nothing.

It is in one of the posts that you can only read and not add a reply to.

Or you can try and get an entry visa from the UK

Jealous of what? Jealous of you? Jealous you have a beautiful wife? Jealous you will work in some remote places located in La Mancha, or in the astusrias?

Can you offer us some substances (substantiate????) your saying about jaleousy?

[LaReina]

La R E I N A.. "la" signifies female.. I am a girl, I have no wife thank you very much. And I do NOT need a visa to go to spain.

HOWEVER, I have known two different people who have gone there trying to immigrate to Spain with their wives who were given the run-around by thai individuals who work there at the embassy.

Finally they found out about the family permit, and used that to go to Spain.

So in my HUMBLE opinion, when you enter an embassy and instead of the workers trying to tell you the BEST way to achieve a goal, and instead try to set up road blocks to confuse you, then I throw that into the "they can't be that dumb" therefore they must be jealous. Call it jealous, call it hateful, call it spiteful.

[vinny]

Vinny I would like some more advice from you re the consular section. I have just been there and they said they cannot do what you have now said they do. All they did was to legalise the thai ministry stamps etc. I have already registered at the amphur when we married. Seema to me that what we need is confirmation that the wedding is recorded in england. Can you advise further please

From the Spanish Embassy's webpage:

4.- Document proving that the applicant is in fact related by blood or by law to the person who is a legal resident in Spain. This document must be legalized by the Thai Ministry of Foreign Affairs, and with an official translation into Spanish.

When the applicant is married to an E.U. citizen, the latter should present a document issued by his/her Embassy in Bangkok stating that the marriage, celebrated according to the Thai law, or that of a third country, has the same legal consequences as if it had been done under his/her national law.

I don't think that it should be necessary to record the wedding in the UK as it's not a UK legal obligation. It seems to me that you just need confirmation from the British Embassy that your Thai registered marriage is legally recognised in the UK. This is confirmed by the British Embassy's webpage that I quoted from earlier. See also UKVisa's Validity of marriages.

Is this not sufficient? If the Spanish Embassy will not accept the British Embassy's webpage as confirmation that your Thai registered marriage is legally recognised in the UK, then perhaps you can ask the British Embassy for a letter repeating what is on their webpage:

The marriage will only be recognised under UK law if it is valid under Thai law. For it to be valid in Thai law, the marriage must be registered with the Registrar at an Amphur Office (District Office).

[paully]

Seems strange. The wife's just got a 6 month multiple Schengen visa, admittedly from the French Embassy in London, on our Thai marriage certificate translated into English and certified by the British Embassy in Bangkok without a problem. Our marriage isn't registered in England, it doesn't have to be. What is it with these Spanish?

Edited October 26, 2006 by paully

[Phil_ne_uk]

What is it with these Spanish?

Chr*st knows! but I'm going to try to find out! lol

They wouldn't even answer my questions over the phone. (weeks ago) They said I would have to come into the embassy!

[GuestHouse]

I think th problems you are having can be sorted out by adressing the application such as to ensure that they must issue.

Firstly, is your wife legally resident in the UK? If she is then she can apply to the Spannish Embassy in London for visas. If she is not, she will almost certainly have to go back to Thailand to apply.

"Legaly Resident" = Has she a settlement visa or Permanent Residence.

Next are you moving to Spain to work, or to seak work? If so you are entitled under 'The Treaty of Rome' to move with your family to Spain.

It is important to recognize the difference here between moving to Spain to live and moving to Spain to work.

Live, but not work requires a family permit under the normal visa rules.

Work entitles you to rights under the Treaty of Rome.

To address this, get a letter from your prospective employer stating that you are moving to Spain to take up paid employment.

Then submit an application for a Schengen Visa for your wife.

Add a covering letter stating that you are moving to Spain to work and that in persuance of your Treaty Rights under the Treaty of Rome you wish the Spannish Embassy to issue your wife a visa so that she might join you.

The comments they are making about your marriage needing to be registered in the UK are utter nonsense. If you have an English Translation certified by the Thai Embassy that is all they need.

But remember - Write and clearly state you are requesting a visa for your wife under the Treaty of Rome.

I've not done this with Spain, but I have done this in a move to Italy and provided you are legally married, she has legal residence in the UK and you claim you treaty rights, the visa becomes a formality.

I'm not sure what the laws are in Spain, but here in Italy it is necessary for your wife to register her residence soon after arrival - I registered mine too so that there can be no questions regarding the legality of my wife's residence here.

This is important because legal residence allows you to apply to all the local embassies for other visas, and it entitles you to apply for a Family Permit (should you so wish) when you return to the UK, should you wish to do so.